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Date of Adoptions 1Ei, 2014
RESOLUTION OF THE BOROUGH OF CARTERET
AUTHORIZING THE CARTERET PLANNING BOARD TO
CONDUCT A PRELIMINARY INVESTIGATION AND MAKE A
RECOMMENDATION AS TO WHETHER THE PROPERTIES
IDENTIFIED AS BLOCK 304, LOTS 7 AND 8; BLOCK 404, LOT 4;
BLOCK 500, LOTS 1 AND 2; BLOCK 501, LOTS 1, 1.01, 2,3 AND
4; BLOCK 502, LOT 1; AND BLOCK 503, LOTS 1 AND 2 ON THE
TAX MAP OF THE BOROUGH CONSTITUTE AN AREA IN
NEED OF REDEVELOPMENT, AND MORE SPECIFICALLY, A
CONDEMNATION REDEVELOPMENT AREA, PURUSUNT TO
THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A,
40A:12A -1 ET SEQ.
WHEREAS; the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A -1 et seq.,
as amended and supplemented (the "Redevelopment Law ") provides a process for
municipalities to participate in the redevelopment and improvement of areas in need of
redevelopment; and
WHEREAS, pursuant to the Redevelopment Law, particularly N.J.S.A. 40A:12A -6, no
area of a municipality shall be determined a redevelopment area unless the governing
body of the. municipality shall, by resolution, authorize the planning board to undertake a
preliminary investigation to determine whether the proposed area is a redevelopment area
in accordance with N.J.S.A. 40A:12A -5; and
WHEREAS, the Borough of the Carteret (the `Borough ") wishes to assign the conduct
of the preliminary investigation and hearing(s) to the Carteret Planning Board (the
"Planning Board ") pursuant to the provisions of the Redevelopment Law; and
WHEREAS, in the event that the Planning Board shall determine that the properties
qualify as an area in need of redevelopment, the properties shall be deemed a
Condemnation Redevelopment Area in accordance with the Redevelopment Law, and
such determination shall authorize the Borough, or such other redevelopment entity, to
utilize all the powers as set forth in the Redevelopment Law for use in the Condemnation
Redevelopment Area, including without limitation, the power of eminent domain.
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1. The Planning Board is hereby authorized and directed to initiate and
undertake a preliminary investigation and hearing(s) to determine whether the
properties identified as Block 304, Lots 7 and 8; Block 404, Lot 4; Block 500,
Lots 1 and 2; Block 501, Lots 1, 1.01, 2, 3 and 4; Block 502, Lot 1; and Block
503, Lots 1 and 2 on the tax map of the Borough constitute a redevelopment area,
and more specifically, a Condemnation Redevelopment Area, in accordance with
the Redevelopment Law.
Section 2. The Planning Board is hereby authorized to utilize the services of
Beacon Planning and Consulting Services, LLC, as previously authorized, to
assist the Planning Board with the preliminary investigation and hearing(s).
Section 3. The Planning Board, upon completion of the preliminary investigation
and hearing(s), shall make a recommendation to the Mayor and Council in
accordance with the Redevelopment Law, particularly N.J.S.A. 40A: 12A-6(b), as
to whether the properties referenced herein satisfy the criteria as an area in need
of redevelopment, and more. specifically, a Condemnation Redevelopment Area,
in accordance with the Redevelopment Law.
NO. 14 -209
PAGE_
Section 4. To the extent the Planning Board shall determine that the properties
qualify as an area in need of redevelopment, the properties shall be deemed a
Condemnation Redevelopment Area in accordance with the Redevelopment Law,
and such determination shall authorize the Borough, or such other redevelopment
entity, to utilize all the powers as set forth in the Redevelopment Law for use in
the redevelopment area, including without limitation, the power of eminent
domain.
Section 5. The Borough Clerk is hereby authorized and directed to forward this
Resolution to the Planning Board for action consistent herewith.
Section 6. This resolution shall take effect at the time and in the manner
prescribed by law.
Section 7. Upon the adoption hereof, the Borough Clerk shall forward certified
copies of this resolution to Matthew C. Karrenberg, Esq., DeCotiis, Fitzpatrick, &
Cole, LLP, Special Redevelopment Counsel to the Borough.
Adopted this 16" day of October, 2014
and certified as a true copy of the
original on
KATHLEEN M. BARNEY, MMC
Municipal Clerk
RECORD OR COUNCIL VOTE
COUNCILMAN
1'ES
NO
NV
rC.6.
COUNCILMAN
YES
NO
NV
A.B.
X
X
X - Indicate Vote As - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
C—ctoL—er 16 2014